language to be deleted (2) new language
Laws of Minnesota 1992 CHAPTER 410-H.F.No. 2465 An act relating to veterans; clarifying the definition of "veteran;" clarifying procedures for searches of veterans' home residents' rooms or property; amending Minnesota Statutes 1990, sections 197.447; and 198.33, subdivision 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, section 197.447, is amended to read: 197.447 [VETERAN, DEFINED.] The word "veteran" as used in Minnesota Statutes, except in sections 136C.13, 196.21, 197.971, and 243.251, means a citizen of the United States or a resident alien who has been separated under honorable conditions from any branch of the armed forces of the United States after having served on active duty for 181 consecutive days or by reason of disability incurred while serving on active duty, or who has met the minimum active duty requirement as defined by Code of Federal Regulations, title 38, section 3.12a, or who has active military service certified under section 401, Public Law Number 95-202. The active military service must be certified by the United States Secretary of Defense as active military service and a discharge under honorable conditions must be issued by the Secretary. Sec. 2. Minnesota Statutes 1990, section 198.33, subdivision 1, is amended to read: Subdivision 1. [SEARCHES PROHIBITED.] Residents of the Minnesota veterans homes have the right to a legitimate expectation of privacy in their persons and property against unreasonable searches and seizures. A search of a resident's room or property may be conducted only when necessary to protect the residents from weapons, illegal drugs, or alcohol, if possession is prohibited by the board, and is subject to the following: (a) Prior to conducting a search of a resident's room or property, the administrator or the administrator's designee shall provide written authorization to conduct the search. This authorization must identify the resident whose room or property is to be searched, state the nature of the risk to the health or safety of that resident or to other individuals in the home, set forth the facts which establish that the risk exists and the source of those facts, and particularly describe the area to be searched and the property to be seized. A separate authorization must be completed for each resident whose room or property is to be searched. (b) The resident shall be informed of the reasons necessitating a search of the room or property and shall be present during the conduct of the search if the resident requests to be present. A copy of the
administrator'swritten authorization to conduct the search must be given to the resident. (c) If property or other items are taken, a written receipt describing the property or items taken must be given to the resident. (d) The provisions of this section do not restrict the entry by employees of the home into a resident's room or into areas where the personal possessions of residents are stored for the purpose of providing care or services to the resident or for housekeeping and maintenance purposes. The provisions of this section do not apply to inspections conducted by governmental agencies for the purpose of assessing compliance with state or federal laws and regulations. (e) Unauthorized searches or seizures by employees of the Minnesota veterans homes may be grounds for dismissal. Presented to the governor April 3, 1992 Signed by the governor April 7, 1992, 2:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes